· 11/13/1961
Settoon v. Audubon Insurance Co.
Citations
- 135 So. 2d 676
- 1961 La. App. LEXIS 1566
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because wrongful death actions are not derivative of the decedent’s rights, the wrongful death beneficiaries were not bound by an arbitration agreement executed by the decedent
- holding that because wrongful death actions are not derivative of the decedent’s rights, the wrongful death beneficiaries were not bound by an arbitration agreement executed by the decedent
- holding: “[the d]ecedent's contractual agreement with [a nursing home] to arbitrate all claims was not binding on the non-signatory wrongful death claimants”
- explaining that “compelling arbitration upon individuals who did not waive their right to a jury trial would infringe upon wrongful death claimants’ constitutional rights”
- explaining that “compelling arbitration upon individuals who did not waive their right to a jury trial would infringe upon wrongful death claimants’ constitutional rights.”
- stating that \wrongful death actions are derivative of decedent's injuries but are not derivative of decedent's rights\
Source: CourtListener parenthetical corpus (CC0).
Judges: Landry, Lottinger, Reid
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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